Wayne Treacy asks judge to set bail in teen beating case

Lawyer argues client, too young for a life sentence, is entitled to bail

June 24, 2010|By Rafael A. Olmeda, Sun Sentinel

FORT LAUDERDALE — A U.S. Supreme Court ruling that juveniles who do not commit murder cannot be sentenced to life terms makes Wayne Treacy entitled to bail, his lawyer argues in a motion filed Thursday.

Treacy, 15, is charged as an adult with first-degree attempted murder in the March 17 beating of teenager Josie Lou Ratley and has been held at the Broward Main Jail without bail since he was transferred from juvenile detention in April.

At the time he was arrested, Treacy's first-degree attempted murder charge carried a maximum penalty of life in prison, and defendants in such cases are not legally entitled to bail.

However, the U.S. Supreme Court ruled in May that juveniles who do not commit murder cannot be sentenced to life terms without possibility of parole.

Attorney Russell Williams, seizing on that decision, is arguing that Treacy no longer faces a life sentence and is asking Broward Circuit Judge David Haimes to set a reasonable bail. The judge set a court date of July 1 to hear arguments from both sides.

Treacy admits bicycling three miles from his home to Deerfield Beach Middle to confront Ratley, 15, after a contentious text message exchange that resulted in a message from her phone that told him to "go visit" his dead brother, who committed suicide.

While Treacy denies intending to harm her physically, he sent text messages to two friends threatening to kill Ratley once he caught up with her.

When another friend, Kayla Manson, 13, pointed Ratley out at a campus bus stop, Treacy approached the 15-year-old, knocked her to the ground and stomped on her head with his steel-toe boots. Manson, who is charged as an accomplice, says she did not know Treacy would become violent.

Williams has said he is preparing an insanity defense for his client, who — according to a court-appointed psychologist — suffers from post traumatic stress disorder as a result of his older brother's suicide in October.

Even if a judge were to grant bail, Williams concedes it would be difficult for his family to afford to post it.

Assistant State Attorney Maria Schneider said she believes Treacy is not entitled to bail. She said she is prepared to argue that the severity of the crime, and its legal classification as a life felony under Florida law, have not changed just because the maximum penalty has been invalidated.

Ratley was hospitalized for six weeks after the attack, spending much of that time in a medically induced coma. She is now recovering at home. Doctors have said she suffers brain damage and must relearn basic skills.

Numerous groups and individuals have held fundraisers to help pay for Ratley's medical and living expenses. The next one, "Let's Break the Cycle: A Ride for Josie," is scheduled for Sunday, June 27. Bicyclists who participate can choose a 33-mile or a 65-mile course starting at The Cove restaurant, 1756 SE Third Court in Deerfield Beach. Activities are scheduled to begin at 7 a.m.

Ratley's mother, Hilda Gotay, is tentatively scheduled to speak.

Anyone interested in participating can contact organizers at 954-481-9800 or 954-415-4678.